LINCOLN, NE – A law introduced Monday by Nebraska Senator Mike Friend would make the sending of sexually explicit email a misdemeanor and knowingly sending such an email to a person under the age of 16 would be a felony, according to reports in the Associated Press (AP).“The internet is a cesspool,” said Friend, who introduced the bill (LB142) at the request of the Nebraska attorney general’s office.
The bill would amend an existing Nebraska law prohibiting the use of a telephone with the intent to “terrify, intimidate, threaten, harass, annoy, or offend” a person. LB142 expands the statute to include a “computer or electronic communication device,” and covers the transmission of any “writing, sound, or visual depiction of sexually explicit conduct.”
Although §28-1310.(1) of the proposed statute specifies that a person must use the telephone call, computer, or electronic communication device with intent to “terrify, intimidate, threaten, harass, annoy, or offend,” a later portion of the bill arguably eviscerates the “intent” stipulation.
§28-1310.(2) of the bill states the following (emphasis added): “The use of indecent, lewd, or obscene language or the making of a threat or lewd suggestion shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy, or offend.”
A violation of the law is a misdemeanor, punishable by up to one year in jail and a maximum fine of $1,000. A violation of the law becomes a Class IV felony “if the violator is over eighteen years of age and knows or has reason to believe that the recipient of the communication is less than sixteen years of age,” as stated in §28-1310.(5).
A Class IV felony classification increases the maximum penalty to five years in prison and a fine of $10,000.
Friend called the current criminal code “antiquated,” according to the AP, adding that “laws aren’t static, and they should change with the technology.”
“The thing that interests me, just like any father, is we’re looking to add a layer of protection” said Friend. “You have to give a tool to prosecutors, and then you have to let a prosecutor do his or her job.”
According to the AP, LB142 is one of four bills that Nebraska Attorney General Jon Bruning is pushing hard this legislative session.
“The tools criminals use to victimize Nebraskans, especially children, have gone high-tech,” said Bruning, according to the AP. “We must update our laws to protect our families.”
